JUDGMENT

Markandey Katju, J

1. Leave granted.

2. These appeals have been filed against the impugned judgments of the Orissa High Court dated 24.9.2008 in LPA No.7 of 2008 and dated 25.10.2008 in LPA No.8 of 2008.

3. Heard learned counsel for the parties and perused the record.

4. The facts have been mentioned in the impugned judgment of the High Court and hence we are not repeating the same here.

5. The short question in the case is whether a Letters Patent Appeal (for short `LPA') is maintainable before the Division Bench against the judgment of the learned Single Judge of the High Court. Dated 6.8.2008. Since there was conflict of opinion between different Division Benches of the High Court on the point whether the LPA was maintainable in view of the amendment of Section 100A CPC the Full Bench was constituted, and by the impugned judgment it was held that the LPA was not maintainable in view of Section 100-A CPC.

6. It may be mentioned that the proceedings arose out of an interim order dated 9.9.2005 passed by the Additional District Judge, Fast Track Court No.III, Bhubaneswar in Civil Suit No.498 of 2004. The Civil Suit is still pending, but against the aforesaid interim order d